J. Dinkins G. Grange is an attorney in Northeast Florida, helping his clients find solutions to their financial problems, which in some cases includes bankruptcy in some cases. This Blog contains general bankruptcy relevant information. His practice includes representing clients in various areas of civil litigation including Fair Debt Collection Practices Act, Chapter 7 and Chapter 13 bankruptcies, foreclosure defense and probate.

Sunday, December 6, 2015

Before the bankruptcy, Yaffe had built National Gold Exchanges into one of America’s leading gold coin dealers. He and his wife, Christel Yaffe, bought a mansion in the exclusive Avila neighborhood. Yaffe held galas at his home to benefit St. Joseph’s Hospital and Hillsborough Community College, witnesses said.

But U.S. Department of Justice Trial Attorney Tim Loper used Yaffe’s wealth to make a point: He didn’t have to steal money from the bank. After Hazzan Jody Sever Lever, pastor at Yaffe’s synagogue, testified about the defendant’s virtues, Loper asked if she knew Yaffe owned Porsche and Mercedes automobiles, two boats and two personal watercraft. Loper also said Yaffe had set up a $7 million trust fund for his family in November 2012, well after the bankruptcy.

“Those were assets he could have used to pay back creditors,” Loper said.

Over the past few weeks, NACBA has issued a consumer bulletin and been in contact
with the courts and media regarding this well orchestrated scam. Warnings have
been issued by the Office of the Attorney General in New Hampshire
and by Virginia Eastern District bankruptcy clerk William C. Redden. The
warning in Virginia has been posted on the websites
of both the Eastern and Western District Bankruptcy Courts.Despite warnings being issued
to the general public, incidents continue to be reported and it is likely
this fraudulent activity will spread to other states.Members of the NACBA Legislative Committee will
soon approach the Department of Justice to not only request a deeper investigation
into how consumer information is being compromised but also recommend steps that
can be taken to further protect the identity of those going through the bankruptcy process.NACBA is requesting
all Consumer Bankruptcy Attorneys to warn current and past clients about
this scam and to urge these clients not to turn over money to anyone who calls by phone.Please post the consumer bulletin prepared by NACBA to
your law firm website and blog. Also, please send out the warning via email to all current clients.If any clients report
being a target of this scam, please send the basic information to admin@nacba.org.
NACBA will compile all info and present to the Department of Justice to further
illustrate the need for immediate action.To see a copy of the consumer bulletin issued
by NACBA, please visit: HERETo see a copy of the consumer bulletin issued
by the New Hampshire Attorney General, please visit: HERETo see a copy of the consumer bulletin issued
by the United States Courts, please visit: HERETo see a copy of the consumer bulletin issued
by the Eastern District of Virginia, please visit: HERE

Thursday, November 5, 2015

While my blog may make it look like Bankruptcy work is all I do, that is not the case. I not only practice in other areas of the law, but am passionate about volunteer work.

One of the projects I am currently helping with involves high school students from approximately 45 high schoolsin Duval, Nassau, Clay, Baker, and St. Johns Counties.

This event is being headed up by the Rotary Club of South Jacksonville (of which I am a member), in which area high school seniors will have the
opportunity to compete for college scholarship dollars by
researching, creating and delivering a presentation based on the
topic,

“What can Jacksonville and the First Coast community do to
gain recognized greatness nationally and internationally, using in
your argument some or all of the following discussion categories:
finance, education, medical, transportation and public service.”

These students will be competing for a minimum of $20,000 in scholarship funds. What happened last year? Take a look at http://goo.gl/SaOXzD

We are in the process of raising funds for the scholarships sponsorships an crowd funding. Towards CROWD FUNDING, you can help. There is currently a giant PUSH to get some small donations (just $10 or $20). We need your support by not later than Friday, November 6, 2015. If everyone makes a small donation, it should put us on the map to receive more funds. So, you can view your donation as having a multiplier effect. There is no telling what a small amount could end up generating, but I do need your support.

A
Waukesha man has filed a petition with the U.S. Supreme Court in hopes
of having his student loans written off in bankruptcy court. The case
calls into question the different standards used across the country.

Mark
Tetzlaff is far from typical when it comes to the severity of his
student loan debt. He’s 57, and inching closer to retirement age, yet he
still owes a lot of money.

“In terms of the balance, we’re now at about $285,000. It’s accumulating at something close to $950 a month,” Tetzlaff says.

Tetzlaff
says nearly half his balance is interest, and he simply can’t afford to
pay. “I survive, we survive here, my mother lives with me, we survive
solely on her social security,” he says.

Tetzlaff
says there are multiple reasons for why he is so deeply in debt and
unable to repay his college loans. He says the majority of them accrued
while he was earning a law degree from Florida Coastal School of Law, a for-profit college in Florida,
about 10 years ago. Since graduating, he’s taken the bar twice and
failed. Along the way he’s dealt with substance abuse, depression and
two misdemeanors, including one for threatening a witness.

The
most recent numbers show that about 11 percent of student loans are
delinquent at least 90 days. But not many owe as much as Waukesha’s Mark
Tetzlaff. According to the New York Federal Reserve, less than one
percent of borrowers owe $200,000 or more.

Wednesday, October 21, 2015

Foreign policy drafter and administrator, and Commander In Chief come to mind. With our current President, Obamacare (whether you are for it or against it doesn't matter).

Now consider our Constitution, and the separation of powers. You know what I am talking about; we have the judicial, executive, and legislative branches of government. The each have their own defined duties.

Then the question is posed, should the executive branch of government use its prestige and power to try to influence the judicial branch?

That appears to be what is happening regarding student loans. According to an article on the UPI website by Amy R. Connolly, the Obama administration is trying to convince the Court to not discharge a student loan in bankruptcy. You can read the entire article at the following link:

Monday, October 19, 2015

On August 10, 2015, Chief Judge Jennemann signed the Amended Administrative Order Prescribing Procedures For Chapter 13 Cases. The Order is applicable Chapter 13 cases filed in the Middle District of Florida. Paragraph 2 of the Order requires Debtor's attorney to provide a copy of the Order to their clients; as such, a copy of the Order, in it's entirety, can be viewed at http://goo.gl/a5ekDM.

The following is provided as a reference, or index, of the Order, and is not a substitute for the Order as published.

AMENDED ADMINISTRATIVE ORDERPRESCRIBING

PROCEDURES FOR CHAPTER 13 CASES

This Administrative Order establishes uniform procedures for all Chapter 13 cases filed in this
District after September 1, 2015. Accordingly, it isORDERED:

1. Additional Information Required to be Filed with the Court. No later than 14 days
from the petition date...

2. Service of this Administrative Order to Debtor. Debtor’s attorney...shall...

3. Chapter 13 Plan. No later than 14 days from the petition date... Debtor’s failure to timely make payments to the Chapter 13 Trustee (the “Trustee”) or tocomply with any of the other requirements of this Order may result in dismissal orconversion of the case.

4. Plan Payments. Payments under the Plan shall... IF THE PLAN PROVIDES FOR DEBTOR TO MAKE DIRECT PAYMENTS TO A SECURED
CREDITOR OR LESSOR, THE AUTOMATIC STAY IS TERMINATED, IN REM, AS TO
THAT CREDITOR.

5. Payments to Trustee. Debtor, not later than 30 days after the petition date...If theTrustee does not receive payment when due, the Trustee may seek dismissal of the case.

6. Adequate Protection for Secured Creditors.

7. Refund of Plan Payments to Debtor if Case Is Converted or Dismissed.

8. Executory Contracts and Unexpired Leases. The Plan must provide for the
assumption or rejection of executory contracts and lease obligations.

9. Termination of the Automatic Stay. If the Plan provides for the surrender..., for [direct] payments, or fails to provide for the [secured] claim, ...in rem relief from the automatic stay [is granted]...

10. Modification of the Automatic Stay. Creditors [claims are secured by mortgages] to communicate directly
with Debtor regarding modification or refinance...

11. Meeting of Creditors and Documents to be Submitted to Trustee. Debtor shall
appear...

13. Pre-Confirmation Deadline for Filing Amended Plans and Certain Motions. The
following shall be filed no later than 28 days after the claims bar date:
a. An amended Plan, if necessary to obtain confirmation;
b. Motions to determine secured status of claim; and
c. Motions to avoid liens, if necessary to obtain confirmation.

14. Deadline for Filing Objections to Claims. Debtor shall file objections to any
claims that Debtor seeks to have disallowed, in whole or in part, no later than 28 days after the
claims bar date or 14 days after filing an amended proof of claim.

15. Deadline to Seek Mortgage Modification Mediation.

16. Service Requirements. Debtor shall serve a copy of any amended Plan...

17. Duties of Debtor’s Attorney and Payment of Attorney’s Fees. Debtor’s attorney
must assist Debtor in all matters related to this case unless the Court has granted the attorney’s
motion to withdraw from the case. Debtor’s counsel shall not withhold legal advice or service
from Debtor because of lack of payment and may not demand payment from Debtor or any person
on behalf of Debtor as a condition of providing legal advice or service.

18. Tax Returns and Refunds. ...Unless otherwise
ordered by the Court, Debtor shall turn over to the Trustee all tax refunds in addition to regular
Plan payments.

19. Filing Claims on Behalf of Creditors. Under Rule 3004, within 30 days after the
expiration of the claims bar date...

20. Extension of Time to File Objections to Debtor’s Claims of Exemption.

21. Cooperation with Trustee. ... Debtor shall, at Debtor’s
expense...deliver to the Trustee a current appraisal... Debtor may file... a motion to
employ professionals under § 327.

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Jacksonville Bankruptcy Attorney -- J. Dinkins G. Grange, Esquire

I am a consumer bankruptcy attorney
helping people with their financial situations. As a bankruptcy lawyer, I help people find
various alternatives towards handling their financial problems, and
if needed, I can provide legal assistance to consumers seeking relief
under the bankruptcy code. I can be contacted by email at dgrange@grangelaw.org. I am available by appointment
during the week and most evenings.

I am located in Green Cove Springs on North Street, and Middleburg on Palmetto Street.

I am a member of the National
Association of Consumer Bankruptcy Attorneys (www.nacba.org),
Jacksonville Bankruptcy Bar Association, American Bar Association,
Florida Bar, and Jacksonville Bar Association.

I have also been designated a debt
relief agency by Congress and the United States Supreme Court and I
help clients file for bankruptcy relief under the bankruptcy code.

Disclosure:

We are a debt relief agency. We help clients file for bankruptcy relief under the Bankruptcy Code. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This blog site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.